Great Lakes Wire

Yesterday, Michigan Attorney General Dana Nessel filed a motion to dismiss an amended lawsuit challenging the state's right to reproductive freedom. The lawsuit, initiated by anti-abortion groups including Right to Life of Michigan and Republican lawmakers, aims to overturn the protections established under Proposal 3 in the state constitution.

The legal battle follows the U.S. Supreme Court's decision in 2022 to overturn Roe v. Wade, which returned abortion regulation to individual states. In response, Michigan voters passed Proposal 3, amending the state constitution to protect reproductive rights.

The lawsuit filed in November 2023 targets Section 28 of Article 1 of the Michigan Constitution and names Attorney General Dana Nessel, Governor Gretchen Whitmer, and Secretary of State Jocelyn Benson as defendants. The plaintiffs seek to invalidate this section and challenge the voter-approved amendment.

Nessel argues that "plaintiffs lack standing" and that their claims are not legally sound. She described the lawsuit as "a flawed, meritless, and overtly political attack on a fundamental constitutional right."

Secretary of State Jocelyn Benson emphasized the broader implications: “This isn’t just about overturning the reproductive freedom... it's about protecting voters’ rights to enact laws that reflect their values.”

Since taking office in 2019, Nessel has actively supported reproductive health initiatives and opposed reviving outdated abortion laws. Her stance includes joining multi-state efforts for healthcare access and opposing restrictive abortion statutes.

The plaintiffs will have an opportunity to respond before further court proceedings.